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This edited version has been archived due to the length of time since original publication. It should not be regarded as indicative of the ATO's current views. The law may have changed since original publication, and views in the edited version may also be affected by subsequent precedents and new approaches to the application of the law.

You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4.

Edited version of your private ruling

Authorisation Number: 1012525723408

Ruling

Subject: Fuel tax credits - fair and reasonable apportionment methodology

What is this ruling about?

This ruling considered whether the proposed method of calculating fuel tax credit entitlements for taxable fuel acquired and used in your activities was fair and reasonable.

The Commissioner ruled that calculating fuel tax credits in respect to taxable fuel acquired and used in your activities based on a 70/30% split as a fair and reasonable methodology of apportioning the fuel used in your concrete transit vehicle for the purpose of propelling the vehicle on public roads (70%) and for fuel used in powering the auxiliary equipment of the vehicle, including the fuel used in loading and unloading the concrete (30%).

This ruling applies for the following period/s:

2012-13 income year

2013-14 income year

2014-15 income year

The scheme commences on:

1 July 2012

Relevant legislative provisions

Fuel Tax Act 2006 Section 41-5

Fuel Tax Act 2006 Subdivision 41-B

Fuel Tax Act 2006 Section 41-20

Fuel Tax Act 2006 Section 43-5

Fuel Tax Act 2006 Subsection 43-5(2)

Fuel Tax Act 2006 Section 43-10

Fuel Tax Act 2006 Subsection 43-10(3)